Notifying the State Court of the Automatic Stay

More stuff I didn’t know.  A person on the California Bankruptcy Specialists listserve complained that the Superior Court in Orange wanted him to pay a first appearance fee in order to file a Notice of Automatic Stay.  A tip of the hat to Frank X. Ruggier for his response, “If you haven’t appeared, it is the other parties responsibility to file Notice of Stay.”

Rule 3.650(a) of the California Rules of Court requires the party who requested or caused a stay of the proceedings to notify the court of its existence, unless that party has not appeared or is not subject to the jurisdiction of the court, in which case the plaintiff in the pending action must immediately notify the court of the stay.  Therefore, if you or your assignee commenced a civil action to recover attorney’s fees and/or costs from the client, and the clients has not appeared in the action, it is the responsibility of you or your assignee to notify the court of the automatic stay.  Judicial Council Form CM-180 has been adopted for mandatory use in giving notice of a stay of proceedings, and a copy is attached for your use.

One Reply to Notifying the State Court of the Automatic Stay

  1. Don Brand says:


    What is the interplay between Rule 3.650 and LBR 2072-1, which states: “Notice of the filing of a bankruptcy petition in this district must be given by the debtor or debtor’s counsel […] to: (1) The clerk of any […] state court in which the debtor is a party to pending litigation […] and (2) The […] state judge to whom the matter is assigned […]”?

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